Ład prawny według Hobbesa i Kanta

Abstract

The paper aims at comparing two concepts of legal order: retributive and utilitarian one. Kant turns out to be a typical representative of the first one; Hobbes represents the second. The main point of the argument is: what is the aim of punishment? Utilitarists think that the purpose of the penalty is to reduce the number of crimes. Proponents of the retributive theory stress the enforcement of justice as the main point of punishment. In the end the author tries to answer the question if supernaturalistic antropology is necessary as a foundation of retributive theory of punishment.